The Hindu : `Force Govt. to reject Malimath panel report'

Online edition of India's National Newspaper
Sunday, Jan 11, 2004

Tamil Nadu

Tamil Nadu - Tiruchi

`Force Govt. to reject Malimath panel report'

TIRUCHI, JAN. 10 . Though there are some welcome features in the Justice Malimath Committee recommendations on reforming criminal justice system, most of its suggestions are inimical to the welfare of litigants, people and lawyers. The legal fraternity should force the Government to reject the recommendations in toto, senior advocates stressed here.

Notwithstanding tall claims, the recommendations would spell doom, especially for junior advocates, the Chairman of the Bar Council of Tamil Nadu, R. Dhanabalraj, said at the two-day workshop, organised by the Federation of District and Subordinate Courts Bar Associations of Tamil Nadu and Pondicherry in association with the Tiruchirappalli Bar Assocition, today.

He said politicians would also be hit while the police would tend to misuse provisions of the recommendations. If the advocates did not fight, then nobody else could stop the recommendations from being adopted, he said, assuring the support of the Bar Council to the `just' endeavours of the Federation.

The Chairman of the Bar Council of Kerala, K. B. Mohandas, observed that if the recommendations were accepted, then the whole criminal justice system would change to the detriment of the accused. The affluent and the powerful would be able to manipulate the case and the prosecution despite the fact some recommendations seemed to provide succour to the accused. There was absolutely no need for inviting retired judges to officiate in judging the merits of the case, he said, wondering why the strength of the sitting judges could not be added.

A noted human rights activist, senior lawyer and national president of the People's Union for Civil Liberties, K. G. Kannabiran, said the Malimath Committee recommendations should be rejected lock, stock and barrel. They wanted to break the privilege of the silence of the accused and attack the right of the lawyer to effectively defend his client, he said, adding that at no cost the privilege of silence should be tampered with. The recommendations would destroy the constitutional fabric of the criminal justice system. They were not trying to reform because the people wanted reforms, but were only for making the government stronger which was the prime agenda of the committee, he said.

Turning his attention to the proclamation of the committee, `Quest for truth', Mr. Kannabiran queried what truth it was seeking. For, ``there were truths for every community unfortunately in this nation'', he said. In a civilised society, the last refuge of a citizen was procedure and if that were to be distorted, then the whole edifice would crumble, he said, urging advocates not to fall a prey to machinations such as hailing some of the recommendations.

A senior advocate from New Delhi and former Supreme Court Bar Association president, R. K. Jain, called upon lawyers to unite to oppose not only the Malimath committee recommendations, which were detrimental to litigants and lawyers but also similar measures in future. An all-India lawyers forum would be convened soon to take stock of the situation. The executive, the legislature and even the judiciary should not ignore advocates and members of the Bar should rise to the occasion, he stressed.

The Executive Committee member, Bar Council of India, S. K. Kaarvendhan, noted that the Tamil Nadu Bar Federation was the first to protest the recommendations which would, in no way, help to increase the conviction rate as was being made out. He exhorted the legal fraternity to form a national federation to fight for the interests of lawyers and litigants.

The Chairman, Bar Federation, E.V. Viswanathan, the president, Tiruchi Bar Association, M. Kanagasabai, the member, Bar Council of Tamil Nadu, K. Chandra Mohan, and the general secretary, PUCL, Tamil Nadu and Pondicherry, V. Suresh, were among those who spoke.

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